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Justices unlikely to have last word on health care
Topics | 2011/11/15 08:54
President Barack Obama's historic health care overhaul divided the nation from the day he signed it into law, and that seems unlikely to change no matter how the Supreme Court rules on its constitutionality.

Some legal disputes, like the 2008 presidential election, the court can settle. Others rage on, such as abortion. It may take another decade to find the balance between private and public responsibility for health care in America, a nation disdainful of big government yet historically unable to guarantee affordable basic coverage to its citizens.

Either way it rules, the Supreme Court decision will not end the debate on health care, said former Senate Majority Leader Tom Daschle, an influential Democratic adviser. It is, and will largely remain, a debate on the role of government.

The Supreme Court's announcement on Monday that it will take up the constitutional challenge to what Republicans deride as Obamacare, sets the stage for a decision next summer in the heat of the presidential election campaign.


Govt asks justices to stay out of immigration case
Topics | 2011/11/11 09:35
The Justice Department on Thursday urged the Supreme Court to stay out of a lawsuit involving Arizona's immigration law, saying lower courts properly blocked tough provisions targeting illegal immigrants.

The state law is a challenge to federal policy and is designed to establish Arizona's own immigration policy, the department's solicitor general said in a filing with the justices. Arizona says the law is an effort to cooperate with the federal government.

One provision requires that police, while enforcing other laws, question a person's immigration status if officers suspect they are in the country illegally. In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of that and other key provisions in the Arizona law.

Arizona Gov. Jan Brewer is seeking to overturn the judge's decision and wants Supreme Court review of the case, arguing that the issues are of compelling, nationwide importance.


Calif high court hears debate over worker breaks
Topics | 2011/11/09 08:56
The California Supreme Court heard oral arguments Tuesday in a high-interest case contending restaurant managers must order meal and rest breaks for tens of thousands of workers rather than leave compliance to their discretion.

The case was initially filed eight years ago against Brinker International, the parent company of Chili's and other eateries, by chain restaurant workers complaining of missed breaks in violation of California labor law.

The case has generated immense interest among labor-law lawyers and a variety of industries grappling with defining responsibilities for meal and rest periods.

Lawyers for the workers argue that not ordering the breaks is a passive way to take advantage of workers who don't want to leave colleagues at busy times.

Brinker's attorney countered that requiring businesses to control the breaks of workers is unmanageable and that taking such breaks should be left to the discretion of employees.

The court's decision is due in 90 days, with the resolution possibly worth millions of dollars to lawyers and companies enmeshed in class-action lawsuits hinging on the issue.


Police investigate Texas judge over video beating
Topics | 2011/11/03 09:12
Police launched an investigation Wednesday into a Texas family law judge whose daughter posted a YouTube video of him savagely beating her with a belt during a tirade several years ago when she was a teenager.

The nearly 8-minute video, viewed more than 950,000 times as of late Wednesday, shows Aransas County Court-at-Law Judge William Adams lashing his then-16-year-old daughter in the legs more than a dozen times and growing increasingly irate while she screams and refuses to turn over on a bed to be beaten. The video was uploaded last week.

Lay down or I'll spank you in your (expletive) face, Adams screams. His daughter, Hillary, wails and pleads for him to stop.

Tim Jayroe, the police chief in William Adams' hometown of Rockport, a Gulf Coast community about 200 miles south of Houston, said Wednesday that he's asked the Texas Rangers to assist in investigating whether the video shows anything criminal happened. He said his department began investigating after receiving phone calls from several concerned people who watched the secretly recorded 2004 video.

No one answered the door at William Adams' home in Rockport on Wednesday, and repeated calls to his office rang unanswered. However, the 51-year-old judge told Corpus Christi television station KZTV on Wednesday that the video looks worse than it is, and that he doesn't expect to be disciplined or punished because of it.


Baker Donelson law firm acquires Houston practice
Topics | 2011/10/24 10:14
A Memphis-based law firm with a large presence in Louisiana will expand into Texas through an acquisition announced today. Baker, Donelson, Bearman, Caldwell amp; Berkowitz, PC will retain its name as it merges with Houston-based Spain Chambers.

Ranked the 73rd-largest law firm in the country before the merger, the expanded Baker Donelson will include 620 attorneys and advisors working in 17 offices in Louisiana, Mississippi, Alabama, Georgia, Tennessee, Texas and the District of Columbia.

The merger will help to retain and attract new clients, as large companies doing business across mutliple states look to consolidate their legal service providers, said Roy Cheatwood, managing shareholder of Baker Donelson's Louisiana offices.

Many of our clients would ask us if we had a Texas presence, because if so, they would be interested in having us as their law firm there, said Cheatwood. It's no surprise that many New Orleans firms, the firms we consider to be our major competition, have Houston offices.

While the Spain Chambers practice focuses primarily on litigation, energy, construction and the financial sector, Baker Donelson provides legal services to a broader range of industries, including banking, real estate, and health care. The merger will allow Baker Donelson to further expand its offerings, Cheatwood said.


Federman Sherwood Announces Class Action Lawsuit
Topics | 2011/10/24 10:12
On October 19, 2011, a class action lawsuit was filed in the United States District Court for the Eastern District of Missouri against K-V Pharmaceutical Company.

The complaint alleges violations of federal securities laws, Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5, including allegations of issuing a series of material misrepresentations to the market which had the effect of artificially inflating the market price, and the manufacture and distribution of unapproved drugs through its two (2) subsidiaries, Ther-Rx and ETHEX. The class period is from February 14, 2011 through April 4, 2011.

Plaintiff seeks to recover damages on behalf of the Class. If you are a member of the Class as described above, you may move the Court no later than Monday, December 19, 2011, to serve as a lead plaintiff for the Class. However, in order to do so, you must meet certain legal requirements pursuant to the Private Securities Litigation Reform Act of 1995.

If you wish to discuss this action, participate in this or any other lawsuit, or have any questions or concerns regarding this notice, or preservation of your rights, please contact:

William B. Federman
FEDERMAN amp; SHERWOOD
www.federmanlaw.com


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